Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) – WLR Daily

Posted June 30th, 2015 in accountants, appeals, contracts, damages, duty of care, law reports, loans, negligence by sally

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) [2015] EWCA Civ 629; [2015] WLR (D) 278

‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’

WLR Daily, 25th June 2015

Source: www.iclr.co.uk

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Medical legal costs ‘excessive and should be capped’ – BBC News

Posted June 29th, 2015 in costs, hospital orders, negligence, news, personal injuries by sally

‘The government intends to put strict limits on the “excessive fees” some lawyers claim in medical negligence cases against the NHS in England.’

Full story

BBC News, 28th June 2015

Source: www.bbc.co.uk

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Andrew Stocker found guilty of gross negligence manslaughter following death of employees on an apple farm – Crown Prosecution Service

Posted June 22nd, 2015 in employment, health & safety, homicide, negligence, press releases by tracey

‘Andrew Stocker has been found guilty by a jury of gross negligence manslaughter at Winchester Crown Court.’

Full press release

Crown Prosecution Service, 19th June 2015

Source: www.cps.gov.uk

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Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

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Amanda Young not guilty of Joshua Gafney manslaughter – BBC News

Posted June 15th, 2015 in homicide, medicines, mental health, negligence, news, nurses by sally

‘A nurse who gave a patient a lethal overdose of a prescription drug has been found not guilty of manslaughter by gross negligence.’

Full story

BBC News, 15th June 2015

Source: www.bbc.co.uk

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Connolly v Croydon Health Services NHS Trust [2015] EWHC 1339 (QB) and Buswell v Symes [2015] EWHC 1379 (QB) – Zenith PI Blog

‘Multiple witness statements and credibility of witnesses.’

Full story

Zenith PI Blog, 4th June 2015

Source: www.zenithpi.wordpress.com

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SAS training deaths inquest: Bureaucracy blamed for failure to cancel march in scorching heat that led to the deaths of three reservists – The Independent

Posted June 2nd, 2015 in armed forces, inquests, negligence, news by sally

‘Bureaucracy was blamed for a failure to postpone an SAS training march in scorching heat which resulted in the deaths of several army reservists, a coroner heard yesterday. The admission was made by a senior officer, according to the relatives of one of those who died, 24-year-old Lance Corporal Craig Roberts.’
Full story

The Independent, 1st June 2015

Source: www.independent.co.uk

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Human Rights on the Battlefield – BBC Unreliable Evidence

‘Clive Anderson and guests discuss the controversial suggestion that the UK should withdraw from human rights legislation and re-instate ‘combat immunity’ to protect the British Army from legal action.’

Listen

BBC Unreliable Evidence, 20th May 2015

Source: www.bbc.co.uk

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No duty of care to disclose to pregnant daughter father’s genetic disease – High Court – UK Human Rights Blog

‘In short, in 2007 the claimant’s father (‘F’) shot and killed the claimant’s mother. He was convicted of manslaughter on grounds of diminished responsibility and detained at a hospital run by the second defendant. In 2009 St George’s Hospital diagnosed him as suffering from Huntington’s disease.’

Full story

UK Human Rights Blog, 20th May 2015

Source: www.ukhumanrightsblog.com

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Student restrained by police died from neglect, inquest finds – The Guardian

‘A student who was detained under the Mental Health Act died as a result of neglect by police officers and ambulance staff who forcibly restrained him and left him handcuffed for hours on a hospital floor, an inquest jury has found.’

Full story

The Guardian, 15th May 2015

Source: www.guardian.co.uk

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Boy who suffered brain damage due to Harrogate hospital failings to get £10m – The Guardian

Posted May 15th, 2015 in birth, compensation, hospitals, negligence, news, personal injuries by tracey

‘A six-year-old boy with cerebral palsy is to receive a £10m care and rehabilitation package from Harrogate and district NHS foundation trust after it admitted failing to provide proper care during his birth that resulted in devastating neurological injuries.’

Full story

The Guardian, 14th May 2015

Source: www.guardian.co.uk

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Priestley v Dunbar and Co – Zenith PI

Posted May 13th, 2015 in appeals, delay, negligence, news, setting aside by tracey

‘Denton and Delay: to what extent should delay impact upon an application to set aside judgment?’

Full story

Zenith PI, 13th May 2015

Source: www.zenithpi.wordpress.com

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Chorister awarded £30,000 for damage to her voice – Daily Telegraph

Posted May 12th, 2015 in damages, health, hospitals, medical treatment, negligence, news by tracey

‘A pensioner left with a “weak, husky and painful” voice which rendered her unable to sing in a church choir after a botched NHS operation has been awarded £35,000 damages.’

Full story

Daily Telegraph, 11th May 2015

Source: www.telegraph.co.uk

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Participation in an illegal joint enterprise is not a bar to recovery in a claim for personal injury – Zenith PI Blog

‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’

Full story

Zenith PI Blog, 8th May 2015

Source: www.zenithpi.wordpress.com

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Jackson: Lawyers must say “bluntly” if claim has no prospect of success – Litigation Futures

Posted May 11th, 2015 in law firms, limitations, negligence, news, personal injuries by sally

‘Lord Justice Jackson has dismissed a negligence claim against Veale Wasbrough, now national firm Veale Wasbrough Vizards, and the barrister it instructed to advise on a personal injury case.’
Full story

Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

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Salford Royal Hospital: Woman awarded £8m after NHS blunder – BBC News

‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’

Full story

BBC News, 5th May 2015

Source: www.bbc.co.uk

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The Professions: Power, Privilege and Legal Liability – Speech by Lord Justice Jackson

Posted April 30th, 2015 in legal profession, negligence, news, professional conduct, speeches by sally

The Professions: Power, Privilege and Legal Liability (PDF)

Speech by Lord Justice Jackson

Professional Negligence Bar Association, 21st April 2015

Source: www.judiciary.gov.uk

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McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily

McCracken (a protected party by his litigation friend) v Smith (Damian) and others [2015] EWCA Civ 380; [2015] WLR (D) 183

‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi causa, and one of which was a third party’s negligence, the relationship between the claimant’s turpitude and his negligence claim against the third party was not such as to debar his claim against the defendant in reliance on the principle of ex turpi causa. The correct approach of the court in such cases was to give effect to both causes of the injury by allowing the claimant to claim in negligence against the third party but, if negligence was established, by reducing any recoverable damages in accordance with the principles of contributory negligence so as to reflect the claimant’s own fault and responsibility for the injury.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

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Review of Costs Budgeting Process by Jackson LJ – Zenith Chambers

Posted April 29th, 2015 in budgets, costs, negligence, news, personal injuries, telephone hearings by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

Full story (PDF)

Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

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Jackson: ‘Professional negligence’ could disappear as attitudes to professionals change – Legal Futures

Posted April 28th, 2015 in negligence, news, professional conduct, speeches by sally

‘Professional negligence as a discrete body of law could disappear if restrictions on the liability of professionals continue to be swept aside as social attitudes towards them also change, Lord Justice Jackson has predicted.’

Full story

Legal Futures, 28th April 2015

Source: www.legalfutures.co.uk

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